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Judicial Safeguard Against Unlawful Agency Closure Through Mass Terminations Introduction The case of State of New York v. McMahon (First Circuit, June 4, 2025) arises from a sweeping reduction in...
Enforcement of Plea Agreement Recommendations and Mitigating-Factor Weighing under § 3553(a): United States v. Meléndez-Rivera Introduction In United States v. Meléndez-Rivera, 22-1665 (1st Cir....
Preserving Discretion in Compassionate Release: Holistic §3553(a) Review in United States v. Vega-Figueroa Introduction This commentary examines the First Circuit’s decision in United States v....
Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025) Introduction United States v. Pullman is a consolidated appeal of two related...
Circumstantial Proof of Knowledge in Aggravated Identity Theft: United States v. Aceituno Introduction United States v. Aceituno (1st Cir. June 2, 2025) addresses the sufficiency of evidence required...
Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch Introduction United States v. Lynch (1st Cir. June 2, 2025) arises from charges against Dana...
Clarifying Bribery vs. Honest Services Fraud: University-Account Payments Excluded under §1346 and §666 Conspiracy Liability Reaffirmed Introduction United States v. Vavic is a First Circuit decision...
Federal Credit-Card Statutes Do Not Preempt State Bans on Cash-Discount Pricing Introduction In Asociación de Detallistas de Gasolina de Puerto Rico, Inc. v. Commonwealth of Puerto Rico (1st Cir. May...
Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory 1. Introduction The First Circuit’s decision in United States v. Rosario-Ramos (No....
Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel Introduction This case arises on Bruce Anderson’s federal habeas challenge to his Massachusetts...
Remand Pursuant to Settlement Does Not Confer Prevailing-Party Status Under EAJA Introduction Avdeeva v. Tucker (1st Cir. 2025) addresses whether a plaintiff who brings a § 1447(b) action for failure...
Tacit Conspiratorial Agreements in Sex Trafficking of Minors: Upholding Sufficiency of Circumstantial Evidence Introduction United States v. Pires is a landmark First Circuit decision reinforcing the...
Establishing the Comparator for “Excessive Demands” Under the EAJA Introduction SEC v. Lemelson is a First Circuit decision clarifying how courts must apply the “excessive demand” provision of the...
Intrastate State-Legal Marijuana Commerce Remains Subject to Federal Regulation Under the Commerce Clause Introduction Canna Provisions, Inc. v. Bondi is a First Circuit decision handed down on May...
Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez Introduction United States v. Soto-Sanchez, 24-1184 (1st Cir. May 27, 2025), presented the First Circuit...
Narrowing Personal Jurisdiction and Corporate Veil Piercing: Keane v. Expeditors Introduction In Keane v. Expeditors International of Washington, Inc., the First Circuit addressed two intertwined...
Assignment Authority and Independent Judgment Establish Supervisory Status Under Section 2(11) of the NLRA Introduction Northeastern University v. National Labor Relations Board, 1st Cir. No....
Assignment Authority and Independent Judgment as Determinative of Supervisory Status under the NLRA Introduction The consolidated appeals in NLRB v. Northeastern University (First Cir. 2025) address...
Becky’s Broncos v. Town of Nantucket: Endorsing Medallion Caps Under Dormant Commerce Clause, Antitrust and Due Process Review Introduction Becky’s Broncos, LLC—operated by James Broad and Rebecca...
Extending Pinkerton Liability: Reasonable Foreseeability of a Co-Conspirator’s Discharged Firearm in Drug-Trafficking Conspiracies 1. Introduction United States v. Basilici, 23-1456 (1st Cir. May 23,...